Nancy Petrucciani v. Russell A. Petrucciani

Opinion

Order filed October 13, 2022

In The

Fourteenth Court of Appeals ____________

NO. 14-21-00591-CV ____________

NANCY PETRUCCIANI, Appellant

V.

RUSSELL A. PETRUCCIANI, Appellee

On Appeal from the 309th District Court Harris County, Texas Trial Court Cause No. 2007-51593

ORDER

This is an interlocutory appeal from an order signed September 17, 2021. The notice of appeal was due October 7, 2022. See Tex. R. App. P. 26.1(b). Appellant, however, filed the notice of appeal on October 15, 2021 a date within 15 days of the due date for the notice of appeal. A motion for extension of time is necessarily implied when the perfecting instrument is filed within 15 days of its due date. Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). Appellant did not file a motion to extend time to file the notice of appeal. While an extension may be implied, appellant is still obligated to come forward with a reasonable explanation to support the late filing. See Miller v. Greenpark Surgery Center Assocs., Ltd., 974 S.W.2d 805, 808 (Tex. App.—Houston [14th Dist.] 1998, no pet.). Accordingly, we order appellant to file a proper motion to extend time to file the notice of appeal within ten (10) days of the date of this order. See Tex. R. App. P. 26.3;10.5(b). If appellant fails to do so, the appeal is subject to dismissal without further notice for want of jurisdiction. See Tex. R. App. P. 42.3(a).

PER CURIAM

Panel Consists of Chief Justice Christopher and Justices Wise and Hassan.